CORRELATION OF CONCEPTS

«ASYLUM», “PROTECTION”
AND “STATUS OF REFUGEES»
PROFESSOR: YEVGENII GERASYMENKO
STUDENT: ISROIL OQILOV
ASYLUM

Asylum is a form of protection which allows an

individual to remain in the particular state
instead of being removed (deported) to a
country where he or she fears persecution or
harm. An asylum seeker is a person looking for
protection because they fear persecution, or
they have experienced violence or human rights
violations. A refugee is a person who asked for
protection and was given refugee status.
 CLASSIFICATION OF ASYLUM

• The right of asylum falls into three basic

categories: territorial, extraterritorial, and
neutral.
• 1. Territorial asylum is granted within the
territorial bounds of the state offering asylum
and is an exception to the practice of
extradition. It is designed and employed
primarily for the protection of persons accused
of political offenses such as treason, desertion,
sedition, and espionage.
CONT

2. Extraterritorial asylum refers to

asylum granted in embassies, legations,
consulates, warships, and merchant
vessels in foreign territory and is thus
granted within the territory of the state
from which protection is sought. Cases
of extraterritorial asylum granted in
embassies, legations, or consulates
(generally known as diplomatic asylum)
are often occasions for dispute.
 CONTD
• 3.Neutral asylum is employed by states exercising neutrality during a war to offer
asylum within its territory to troops of belligerent states, provided that the troops
submit to internment for the duration of the war.
PROTECTION

Protection is commonly defined as “all activities aimed at obtaining full respect for the
rights of the individual in accordance with the letter and spirit of the relevant bodies of
law, namely human rights law, international humanitarian law and refugee law” Hence, it
is correct to assume that protection covers all activities and projects implemented by the
different agents working with refugees, and this does not only include legal protection
such as provision of refugee documents, but also every day tasks such as casework and
recreational activities.
CONTD
• In fact, protection is primarily the responsibility of states and its agents. In the case
of a state or government that is unwilling or unable to protect its own citizens for
any given reason, these individuals have the right to seek asylum elsewhere, which is
stipulated in the 1951 Geneva Convention’s definition of a refugee. The 1951
Refugee Convention and the 1967 Protocol are at the cornerstone of the
international legal framework for refugee protection as they establish the main
principles on which refugee protection is based – such as the Principle of non-
refoulement and the principle of Non-discrimination.
 STATUS OF REFUGEES

Refugees are people who have

fled war, violence, conflict or
persecution and have crossed
an international border to find
safety in another country.
CONT

Refugees are defined and protected in international law. The 1951 Refugee Convention
is a key legal document and defines a refugee as:

• “someone who is unable or unwilling to return to their country of origin owing to a

well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group, or political opinion.”
HOW TO DEFINE THE STATUS OF REFUGEE

• Refugee Status Determination, or RSD, is the legal or administrative process

by which governments or UNHCR determine whether a person seeking
international protection is considered a refugee under international, regional
or national law. RSD is often a vital process in helping refugees realize their
rights under international law.
THANK YOU FOR YOUR ATTENTION